MATTER OF FOXWOOD ASSOCS. v. DEP'T OF ENVTL. CONSERVATION


123 A.D.2d 433 (1986)

In the Matter of Foxwood Associates, Appellant, v. Department of Environmental Conservation, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 29, 1986


Judgment affirmed, without costs or disbursements.

The parcel at issue here is a pond on the petitioner's property and the land within 100 feet of the edge of the bank of the pond. The respondent based its determination to include this area on the final freshwater wetland map on its conclusion that the pond serves to recharge groundwater aquifers and as a habitat to the eastern tiger salamander, which New York State treats as an endangered species (6 NYCRR 182.5 ...

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